A federal district court in Wyoming found that the government does not have the authority to regulate hydraulic fracturing on federal lands and has granted an injunction blocking the Obama adminsitration’s regulations from taking effect in October.
The court “does not believe Congress has granted or delegated to the [Bureau of Land Management] authority to regulate fracking,” U.S. District Court of Wyoming Judge Scott Skavdahl ruled Wednesday.
“An administrative agency derives its existence and authority to regulate from congressional authorization or delegation. Congress has not authorized or delegated to the [Bureau of Land Management] authority to regulate hydraulic fracturing and, under our constitutional structure, it is only through congressional action that the BLM can acquire this authority,” Skavadahl wrote.
The Bureau of Land Management regulations were enacted based on what critics say is an unsubstantiated fear that the process of hydraulic fracturing, or fracking, by the oil and gas industry may pose a threat to water supplies. The rules would require oil companies to disclose the chemicals used in the fracking process, monitor well integrity and other aspects of production.
Fracking producers and states sued the agency in March on the grounds that they were duplicative and based on “unsubstantiated concerns.”
“The industry’s arguments have provided a compelling argument to stop the agency from moving forward,” said Independent Petroleum Association of America President Barry Russell. “This ruling guarantees that the BLM cannot put the hydraulic fracturing rule in place until the entire case is concluded.”
Rep. Rob Bishop of Utah, Republican chairman of the House Natural Resources Committee said the court’s ruling “is the right decision because it stops the Obama Administration from shoving this harmful policy down the states’ throats.” The ruling came after his committee held a hearing Wednesday on the rules. “This decision and the testimony from today’s hearing from four Western Governors solidifies that this rule is both unjustified and unconstitutional,” he said.
